Hit by car, bike banged up - how would you proceed?

A week and a half ago I was pedaling home from the local pub on a 'main' street, which was well lit and not busy at all @11pm. From what I remember, a car cut me off, taking a right turn in front of me. I gave a yell, tried to turn to avoid it, but would up hitting the ground. Not sure if me or the bike actually touched the car.

Anyway, I get knocked out and find myself lying on the ground with a bunch of people around me. Ambulance shows up, straps me to the board with a neck brace and I spend the next 4+ hours in the ER. I got lucky and only wound up with tons of abrasions and an even uglier face (short term swelling, scabs, black eye, etc).

I just picked up my road bike a few minutes ago from the cops and it looks like the rear wheel is junked, brake lever may need to be replaces, and possibly the rear derailleur as well. I brought it over to the local shop to assess what it would cost to repair.

Police report states that according to a witness I was riding on the side of the road. Driver was cited for failing to yield. He was also charged with operating without a license.

My question is should I file an insurance claim or call the driver up and give him the opportunity to pay for this out of pocket? Anyone had a bad experience going either of those routes? If I file a claim, do you think the insurance company is going to try to poke holes in it as far as, "did the bike have proper reflectors, was the bicyclist drinking, ", etc. (fyi, I was not charged with anything.).

If you're sure you're OK, I'd total up the damage (ER, bike etc.), give him about 20 minutes to pay cash, and then file the claim if he balks. Out of pocket is not necessarily a bad thing (quick, easy, predictable $ amount, rates don't go up) if you get what you want. Especially if you can't prove your equipment and wits were 100% up to snuff.

You were riding at night and you didn't mention lights. I'm not sure if they are required where you are after dark, they are here. If they are required and the guy hit you after dark then you both legally share some fault. The out of pocket route could be more straightforward. If the guy is driving without a license then his insurance may not cover him anyway.

I'm also in the group wondering whether the driver had insurance considering he didn't have a license.

If he has insurance, that's the way to go. Add up your medical costs and pain and suffering, and I would be very, very surprised if it ends up being an amount that the person will want to pay out of pocket. When I hear no license, I assume the worst and also think empty checking account.

Paying out of pocket costs him once, paying insurance claim will cost himfor years and he deserves to pay for driving like an asshat.

+1 this.
Also remember, if you approach the driver to let him settle out of pocket, it could be seen as a scam attempt. Better to follow formal steps, that way if it craps out (I hope not) the driver won't have any avenue to cause you even more harm.

The ridiculousness of cycling clothes increase exponentially in relation to the distance from your bicycle.

A week and a half ago I was pedaling home from the local pub on a 'main' street, which was well lit and not busy at all @11pm. From what I remember, a car cut me off, taking a right turn in front of me. I gave a yell, tried to turn to avoid it, but would up hitting the ground. Not sure if me or the bike actually touched the car.

Anyway, I get knocked out and find myself lying on the ground with a bunch of people around me. Ambulance shows up, straps me to the board with a neck brace and I spend the next 4+ hours in the ER. I got lucky and only wound up with tons of abrasions and an even uglier face (short term swelling, scabs, black eye, etc).

I just picked up my road bike a few minutes ago from the cops and it looks like the rear wheel is junked, brake lever may need to be replaces, and possibly the rear derailleur as well. I brought it over to the local shop to assess what it would cost to repair.

Police report states that according to a witness I was riding on the side of the road. Driver was cited for failing to yield. He was also charged with operating without a license.

My question is should I file an insurance claim or call the driver up and give him the opportunity to pay for this out of pocket? Anyone had a bad experience going either of those routes? If I file a claim, do you think the insurance company is going to try to poke holes in it as far as, "did the bike have proper reflectors, was the bicyclist drinking, ", etc. (fyi, I was not charged with anything.).

Thanks, and its good to be alive.

Lucky to be alive.....pursue immediately all legal remedies...do not give him the easy way out...

Go for the throat, get a lawyer. As others said, this driver is going to kill someone and maybe, just maybe if people see that injuring bicyclists costs them money they'll give us some more respect on the road.

If you use a lawyer, better be absolute certain you were doing it all the right way (lights, reflectors, etc) or the defense will poke all kinds of holes in your case and you'll get bupkus. There are enough people out there who hate cyclists that you're bound to have a jury pool with those people in it. And make sure you hire a decent lawyer, not one of those hacks that calls your hospital room.

Going through your insurance would probably be a more reliable way to be compensated. Let the insurance company go after the guy for its compensation. They'll still try to short you, though.

File insurance claim, absolutely. My last two encounters with cars netted me $13,000 and $7,500 respectively. Play the insurance game right - all the settlements are 100% tax-free...and you'll easily get a few new bikes out of this ordeal.

"This is a male-dominated forum... there will be lots of Testosterone sword-shaming here" ~ Kenfucius